Posted on 04/04/2002 7:25:15 AM PST by i_dont_chat
Man sentenced to death for killing boy in 1992
By Lisa Teachey, Houston Chronicle, Thursday, April 4, 2002
After deliberating less than 10 minutes Wednesday, a jury sentenced a man to death by lethal injection in the 1992 slaying of a 9-year-old boy whose case was unsolved for almost a decade.
Perry Allen Austin, 42, pleaded guilty earlier this week to capital murder. He confessed to killing David Kazmouz to get back at Kazmouz's older teen-age brother.
Austin, who already is serving 30 years in prison for sexually assaulting a child and an additional 20 years for stabbing an inmate, represented himself in the punishment phase of the trial.
He did not testify, but during closing statements Wednesday he told the jury the evidence that prosecutors Luci Davidson and Renee Magee presented against him was correct.
"Pretty much everything they said about me is true," Austin told the panel. "I'm violent, mean Sometimes I have no conscience I've been like this all my life. I'm not about to change."
In deciding whether Austin should spend his life in prison or be executed, the jury was asked to answer two special issue questions.
The first was whether Austin was a future danger. If they unanimously agreed he was, the jury could then move to the second question regarding mitigating circumstances.
Austin told the jurors that if they sent him back to prison, he would commit more acts of violence. Then he said there were no mitigating factors, "no reason for killing him (Kazmouz)."
Davidson told the jury that Austin had spent only three years of his adult life interacting in society. And in that time he had raped his sister, robbed his sister, and mother, sexually assaulted a 14-year-old girl and killed Kazmouz.
"That is what he has done in the three years we have let him out in this society," Davidson said. "We certainly can't trust him ever again in the free society. But we can't trust him in the prison system."
Austin had been on parole about a year from the 1978 rape and robbery convictions when he befriended the Kazmouz brothers in 1992.
Although he was always considered a suspect in Kazmouz's death, it wasn't until January 2001 that he confessed from prison.
During the initial investigation, police discovered Austin was having sex with a 14-year-old girl. He pleaded guilty and has been serving a 30-year sentence for sexual assault of a child.
In 1995, another 20 years was added to his sentence for stabbing an inmate. He also has a lengthy disciplinary prison record that includes assaulting guards.
"Society can no longer handle him. We are three," Davidson said.
Testimony showed that Austin had been paroled to Houston and was workign as a drug courier for a street gang when he met Kazmouz's other brother Karrem, who was 16 at the time. Davidson waid Austin throught Karrem Kazmouz had stolen some drugs from him.
"Because Karrem took from him, he was going to take from Karrem. He took his little brother," Davidson told the jury earlier this week.
David Kazmouz was abducted August 19, 1992, from his Sharpstown neighborhood. Despite an intensive search and nationwide billboard campaign, his skeletal remains were not discovered until April 1993 in a wooded area about six miles from the Kazmouz home.
Davidson said Austin picked Kazmouz up near his home that summer day, injected him with Demerol, tied him up and slit his throat from ear to ear.
The boy's mother, Fay Kazmouz, earlier this week testified that her family had been riddled with guilt since the day her son was abducted.
She said her middle son, Michael, who was 13 at the time, blamed himself because he was watching David that day while he mother was at work.
Since David's abduction, I've never been the same. I remember the horror of knowing there was a killer among us and feeling powerless. Today I breathed a sigh of relief knowing that justice was done.
Rat shot behind the ear tomorrow morning is what this guy ought to get.
How many prison guards will he assault before he's finally put to death?
There is somethng special about people that like dogs, and dogs do respond to those people.
Thank you for your story and for being a good neighbor.
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